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reasonably available quantity as ‘‘the
quantity of iron, steel, or relevant
manufactured good is available or will
be available at the time needed and
place needed, and in the proper form or
specification as specified in the project
plans and design.’’ The Town has
incorporated specific technical design
requirements for installation of filter
media at their three Well Houses.
The purpose of the ARRA is to
stimulate economic recovery in part by
funding current infrastructure
construction, not to delay projects that
are ‘‘shovel ready’’ by requiring utilities,
such as the Town, to revise their
standards and specifications, institute a
new bidding process, and potentially
choose a more costly, less efficient
project. The imposition of ARRA Buy
American requirements on such projects
otherwise eligible for State Revolving
Fund assistance would result in
unreasonable delay and thus displace
the ‘‘shovel ready’’ status for this project.
To further delay construction is in
direct conflict with a fundamental
economic purpose of the ARRA, which
is to create or retain jobs. The OIA has
reviewed this waiver request and to the
best of our knowledge at the time of
review has determined that the
supporting documentation provided by
the Town is sufficient to meet the
criteria listed under Section 1605(b) and
in the April 28, 2009, ‘‘Implementation
of Buy American provisions of Public
Law 111–5, the ‘American Recovery and
Reinvestment Act of 2009’
Memorandum:’’ Iron, steel, and the
manufactured goods are not produced in
the United States in sufficient and
reasonably available quantities and of a
satisfactory quality. The basis for this
project waiver is the authorization
provided in Section 1605(b)(2). Due to
the lack of production of this product in
the United States in sufficient and
reasonably available quantities and of a
satisfactory quality in order to meet the
Town’s technical specifications, a
waiver from the Buy American
requirement is justified.
The March 31, 2009 Delegation of
Authority Memorandum provided
Regional Administrators with the
authority to issue exceptions to Section
1605 of ARRA within the geographic
boundaries of their respective regions
and with respect to requests by
individual grant recipients. Having
established both a proper basis to
specify the particular good required for
this project, and that this manufactured
good was not available from a producer
in the United States, the Town of
Smyrna is hereby granted a waiver from
the Buy American requirements of
Section 1605(a) of Public Law 111–5 for
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the purchase of GreensandPlus filter
media using ARRA funds as specified in
the Town of Smyrna’s request of
October 1, 2010. This supplementary
information constitutes the detailed
written justification required by Section
1605(c) for waivers ‘‘based on a finding
under subsection (b).’’
Authority: Pub. L. 111–5, section 1605.
Dated: December 9, 2010.
W.C. Early,
Acting Regional Administrator, U.S.
Environmental Protection Agency, Region III.
[FR Doc. 2010–33111 Filed 12–30–10; 8:45 am]
BILLING CODE 6560–50–P
FEDERAL RESERVE SYSTEM
Change in Bank Control Notices;
Acquisitions of Shares of a Bank or
Bank Holding Company
The notificants listed below have
applied under the Change in Bank
Control Act (12 U.S.C. 1817(j)) and
§ 225.41 of the Board’s Regulation Y (12
CFR 225.41) to acquire shares of a bank
or bank holding company. The factors
that are considered in acting on the
notices are set forth in paragraph 7 of
the Act (12 U.S.C. 1817(j)(7)).
The notices are available for
immediate inspection at the Federal
Reserve Bank indicated. The notices
also will be available for inspection at
the offices of the Board of Governors.
Interested persons may express their
views in writing to the Reserve Bank
indicated for that notice or to the offices
of the Board of Governors. Comments
must be received not later than January
20, 2011.
A. Federal Reserve Bank of
Minneapolis (Jacqueline G. King,
Community Affairs Officer) 90
Hennepin Avenue, Minneapolis,
Minnesota 55480–0291:
1. Richard M. Connor, Jr., Laona,
Wisconsin, to acquire and retain 25
percent or more of the voting shares of
Northern Wisconsin Bank Holding
Company, Inc., and thereby indirectly
acquire and retain voting shares of
Laona State Bank, both of Laona,
Wisconsin.
Board of Governors of the Federal Reserve
System, December 28, 2010.
Jennifer J. Johnson,
Secretary of the Board.
[FR Doc. 2010–33080 Filed 12–30–10; 8:45 am]
BILLING CODE 6210–01–P
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FEDERAL TRADE COMMISSION
Agency Information Collection
Activities; Submission for OMB
Review; Comment Request; Extension
AGENCY: Federal Trade Commission
(‘‘FTC’’ or ‘‘Commission’’).
ACTION: Notice.
SUMMARY: The information collection
requirements described below has been
submitted to the Office of Management
and Budget (‘‘OMB’’) for review, as
required by the Paperwork Reduction
Act (‘‘PRA’’). The FTC is seeking public
comments on its proposal to extend
through February 28, 2014, the current
clearance under OMB Control Number
3084–0108 for information collection
requirements contained in its Used
Motor Vehicle Trade Regulation Rule
(‘‘Used Car Rule’’ or ‘‘Rule’’). That
clearance expires on February 28, 2011.
DATES: Comments must be filed by
February 2, 2011.
ADDRESSES: Interested parties are
invited to submit written comments
electronically or in paper form by
following the instructions in the
Request for Comments part of the
SUPPLEMENTARY INFORMATION section
below. Comments in electronic form
should be submitted by using the
following Web link: https://
ftc.public.commentworks.com/ftc/
UsedCarRulePRA2 (and following the
instructions on the Web-based form).
Comments filed in paper form should be
mailed or delivered to the following
address: Federal Trade Commission,
Office of the Secretary, Room H–135
(Annex J), 600 Pennsylvania Avenue,
NW., Washington, DC 20580, in the
manner detailed in the SUPPLEMENTARY
INFORMATION section below.
FOR FURTHER INFORMATION CONTACT:
Requests for additional information
should be addressed to John C.
Hallerud, Attorney, Midwest Region,
Federal Trade Commission, 55 West
Monroe, Suite 1825, Chicago, Illinois
60603, (312) 960–5634.
SUPPLEMENTARY INFORMATION: The Used
Car Rule facilitates informed purchasing
decisions by requiring used car dealers
to disclose information about warranty
coverage, if any, and the mechanical
condition of used cars that they offer for
sale. The Rule requires that used car
dealers display a form called a ‘‘Buyers
Guide’’ on each used car offered for sale
that, among other things, discloses
information about warranty coverage.
Request for Comments
Under the Paperwork Reduction Act
(‘‘PRA’’), 44 U.S.C. 3501–3521, Federal
agencies must obtain approval from
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OMB for each collection of information
they conduct or sponsor. ‘‘Collection of
information’’ means agency requests or
requirements that members of the public
submit reports, keep records, or provide
information to a third party. 44 U.S.C.
3502(3); 5 CFR 1320.3(c). As required by
section 3506(c)(2)(A) of the PRA, the
FTC is providing this opportunity for
public comment before requesting that
OMB extend the existing paperwork
clearance for the regulations noted
herein.
Comments should refer to ‘‘Used Car
Rule: FTC File No. P067609’’ to facilitate
the organization of comments. Please
note that your comment B including
your name and your State B will be
placed on the public record of this
proceeding, including on the publicly
accessible FTC Web site, at http://
www.ftc.gov/os/publiccomments.shtm.
Because comments will be made
public, they should not include any
sensitive personal information, such as
any individual’s Social Security
Number; date of birth; driver’s license
number or other State identification
number, or foreign country equivalent;
passport number; financial account
number; or credit or debit card number.
Comments also should not include any
sensitive health information, such as
medical records or other individually
identifiable health information. In
addition, comments should not include
‘‘[t]rade secret or any commercial or
financial information which is obtained
from any person and which is privileged
or confidential’’ as provided in Section
6(f) of the Federal Trade Commission
Act (‘‘FTC Act’’), 15 U.S.C. 46(f), and
FTC Rule 4.10(a)(2), 16 CFR 4.10(a)(2).
Comments containing matter for which
confidential treatment is requested must
be filed in paper form, must be clearly
labeled ‘‘Confidential,’’ and must
comply with FTC Rule 4.9(c).1
Because paper mail addressed to the
FTC is subject to delay due to
heightened security screening, please
consider submitting your comments in
electronic form. Comments filed in
electronic form should be submitted
using the following Web link https://
ftc.public.commentworks.com/ftc/
UsedCarRulePRA2 (and following the
instructions on the Web-based form). To
ensure that the Commission considers
an electronic comment, you must file it
1 The comment must be accompanied by an
explicit request for confidential treatment,
including the factual and legal basis for the request,
and must identify the specific portions of the
comment to be withheld from the public record.
The request will be granted or denied by the
Commission’s General Counsel, consistent with
applicable law and the public interest. See FTC
Rule 4.9(c), 16 CFR 4.9(c).
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on the Web-based form at the Web link
https://ftc.public.commentworks.com/
ftc/UsedCarRulePRA2. If this Notice
appears at http://www.regulations.gov/
search/index.jsp, you may also file an
electronic comment through that Web
site. The Commission will consider all
comments that regulations.gov forwards
to it.
All comments should additionally be
sent to OMB. Comments may be
submitted by U.S. Postal Mail to: Office
of Information and Regulatory Affairs,
Office of Management and Budget,
Attention: Desk Officer for Federal
Trade Commission, New Executive
Office Building, Docket Library, Room
10102, 725 17th Street, NW.,
Washington, DC 20503. Comments,
however, should be submitted via
facsimile to (202) 395–5167 because
U.S. Postal Mail is subject to lengthy
delays due to heightened security
precautions.
The FTC Act and other laws that the
Commission administers permit the
collection of public comments to
consider and use in this proceeding as
appropriate. The Commission will
consider all timely and responsive
public comments that it receives,
whether filed in paper or electronic
form. Comments received will be
available to the public on the FTC Web
site, to the extent practicable, at http://
www.ftc.gov/os/publiccomments.shtm.
As a matter of discretion, the FTC makes
every effort to remove home contact
information for individuals from the
public comments it receives before
placing those comments on the FTC
Web site. More information, including
routine uses permitted by the Privacy
Act, may be found in the FTC’s privacy
policy, at http://www.ftc.gov/ftc/
privacy.shtm.
Burden Statement
On October 12, 2010, the FTC sought
comment on the information collection
requirements associated with the Rule,
16 CFR part 455. 75 FR 62538. No
comments were received. Accordingly,
the FTC retains its previously published
burden estimates.
Estimated total annual hours burden:
1,974,589 hours.
The Rule has no recordkeeping
requirements. The estimated burden
relating solely to disclosure
requirements is 1,974,589 hours. As
explained in more detail below, this
estimate is based on the number of used
car dealers (53,735 2), the number of
2 CNW Marketing Research, Inc. As of July 2010,
CNW lists 15,631 new vehicle franchised outlets
with used car operations and 38,104 independent
used car outlets, for a total of 53,735 used car
dealers.
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145
used cars sold by dealers annually
(approximately 24,531,374 3), and the
time needed to fulfill the information
collection tasks required by the Rule.4
The Rule requires that used car
dealers display a one-page, double-sided
Buyers Guide on each used car that they
offer for sale. The component tasks
associated with the Rule’s required
display of Buyers Guides include: (1)
Ordering and stocking Buyers Guides;
(2) entering data on Buyers Guides; (3)
displaying the Buyers Guides on
vehicles; (4) revising Buyers Guides as
necessary; and (5) complying with the
Rule’s requirements for sales conducted
in Spanish.
1. Ordering and Stocking Buyers
Guides: Dealers should need no more
than an average of two hours per year
to obtain Buyers Guides, which are
readily available from many commercial
printers or can be produced by an office
word-processing or desk-top publishing
system.5 Based on a population of
53,735 dealers, the annual hours burden
for producing or obtaining and stocking
Buyers Guides is 107,470 hours.
2. Entering Data on Buyers Guides:
The amount of time required to enter
applicable data on Buyers Guides may
vary substantially, depending on
whether a dealer has automated the
process. For used cars sold ‘‘as is,’’
copying vehicle-specific data from
dealer inventories to Buyers Guides and
checking the ‘‘No Warranty’’ box may
take two to three minutes per vehicle if
done by hand, and only seconds for
those dealers who have automated the
process or use pre-printed forms. Staff
estimates that this task will require an
average of two minutes per Buyers
Guide. Similarly, for used cars sold
under warranty, the time required to
check the ‘‘Warranty’’ box and to add
warranty information, such as the
3 Id. This figure reflects total used car sales by
franchised and independent dealers in 2009, the
most recent complete annual figures available.
4 Some dealers opt to contract with outside
contractors to perform the various tasks associated
with complying with the Rule. Staff assumes that
outside contractors would require about the same
amount of time and incur similar cost as dealers to
perform these tasks. Accordingly, the hour and cost
burden totals shown, while referring to ‘‘dealers,’’
incorporate the time and cost borne by outside
companies in performing the tasks associated with
the Rule. In addition, the time estimates that follow
repeat those that the FTC published in the 2007
PRA clearance renewal-related Federal Register
notices (72 FR 46487 (Aug. 20, 2007); 72 FR 71911
71912 (Dec. 19, 2007)) without receiving public
comment. Absent prospective specific industry
estimates to the contrary, staff will continue to
apply these estimates, which staff believes are
reasonable.
5 Buyers Guides are also available online from the
FTC’s Web site, http://www.ftc.gov, as links to A
Dealer’s Guide to the Used Car Rule at http://
www.ftc.gov/bcp/edu/pubs/business/autos/
bus13.shtm.
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additional information required in the
Percentage of Labor/Parts and the
Systems Covered/Duration sections of
the Buyers Guide, will depend on
whether the dealer uses a manual or
automated process or Buyers Guides
that are pre-printed with the dealer’s
standard warranty terms. Staff estimates
that these tasks will take an average of
one additional minute, i.e.,
cumulatively, an average total time of
three minutes for each used car sold
under warranty.
Staff estimates that approximately
fifty percent of used cars sold by dealers
are sold ‘‘as is,’’ with the other half sold
under warranty. Therefore, staff
estimates that the overall time required
to enter data on Buyers Guides consists
of 408,856 hours for used cars sold
without a warranty (24,531,374 vehicles
× 50% × 2 minutes per vehicle) and
613,284 hours for used cars sold under
warranty (24,531,374 vehicles × 50% ×
3 minutes per vehicle) for a cumulative
estimated total of 1,022,140 hours.
3. Displaying Buyers Guides on
Vehicles: Although the time required to
display the Buyers Guides on each used
car may vary substantially, FTC staff
estimates that dealers will spend an
average of 1.75 minutes per vehicle to
match the correct Buyers Guide to the
vehicle and to display it on the vehicle.
The estimated burden associated with
this task is approximately 715,498 hours
for the 24,531,374 vehicles sold in 2009
(24,531,374 vehicles × 1.75 minutes per
vehicle).
4. Revising Buyers Guides as
Necessary: If negotiations between the
buyer and seller over warranty coverage
produce a sale on terms other than those
originally entered on the Buyers Guide,
the dealer must revise the Buyers Guide
to reflect the actual terms of sale.
According to the original rulemaking
record, bargaining over warranty
coverage rarely occurs. Staff notes that
consumers often do not need to
negotiate over warranty coverage
because they can find vehicles that are
offered with the desired warranty
coverage online or in other ways before
ever contacting a dealer. Accordingly,
staff assumes that the Buyers Guide will
be revised in no more than two percent
of sales, with an average time of two
minutes per revision. Therefore, staff
estimates that dealers annually will
spend approximately 16,354 hours
revising Buyers Guides (24,531,374
vehicles × 2% × 2 minutes per vehicle).
5. Spanish Language Sales: The Rule
requires that contract disclosures be
made in Spanish if a sale is conducted
in Spanish.6 The Rule permits
6 16
CFR 455.5.
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displaying both an English and a
Spanish language Buyers Guide to
comply with this requirement.7 Many
dealers with large numbers of Spanishspeaking customers likely will post both
English and Spanish Buyers Guides to
avoid potential compliance violations.
Calculations from United States
Census Bureau surveys indicate that
approximately 6.5 percent of the United
States population speaks Spanish at
home, without also speaking fluent
English.8 Staff therefore projects that
approximately 6.5 percent of used car
sales will be conducted in Spanish.
Dealers will incur the additional burden
of completing and displaying a second
Buyers Guide in 6.5 percent of sales
assuming that dealers choose to comply
with the Rule by posting both English
and Spanish Buyers Guides. The annual
hours burden associated with
completing and posting Buyers Guides
is 1,737,638 hours (1,022,140 hours for
entering data on Buyers Guides plus
715,498 hours for displaying Buyers
Guides). Therefore, staff estimates that
the additional burden caused by the
Rule’s requirement that dealers display
Spanish language Buyers Guides when
conducting sales in Spanish is 112,947
hours (1,737,638 hours × 6.5%). The
other components of the annual hours
burden, i.e., purchasing Buyers Guides
and revising them for changes in
warranty coverage, remain unchanged.
Estimated annual cost burden:
$26,301,525 in labor costs and
$4,906,275 in non-labor costs.
1. Labor costs: Labor costs are derived
by applying appropriate hourly cost
figures to the burden hours described
above. Staff has determined that all of
the tasks associated with ordering
forms, entering data on Buyers Guides,
posting Buyers Guides on vehicles, and
revising them as needed, including the
corresponding tasks associated with
Spanish Buyers Guides, are typically
done by clerical or low-level
administrative personnel. Using a
clerical cost rate of $13.32 per hour 9
and an estimated burden of 1,974,589
7 Id.
8 U.S. Census Bureau, Table S1601. Language
Spoken at Home. 2008 American Community
Survey 1-Year Estimates, available at: http://
factfinder.census.gov/servlet/STTable?_bm=y&qr_name=ACS_2008_1YR_G00_S1601&geo_id=01000US&ds_name=ACS_2008_1YR_G00_&-_lang=en&redoLog=false&-CONTEXT’st. The table indicates
that 12.2% of the United States population 5 years
or older speaks Spanish or Spanish Creole in the
home and 46.7% of these in-home Spanish speakers
speak English less than ‘‘very well.’’
9 The hourly rate is based on Bureau of Labor
Statistics estimate of the mean hourly wage for
office clerks, general. Occupational Employment
and Wages, May 2009, available at http://
www.bls.gov/oes/current/oes439061.htm#nat.
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hours for disclosure requirements, the
total labor cost burden would be
approximately $26,301,525.
2. Capital or other non-labor costs:
Although the cost of Buyers Guides can
vary considerably, based on industry
input staff estimates that the average
cost of each Buyers Guide is twenty
cents. The estimated cost of Buyers
Guides for the 24,531,374 used cars sold
by dealers in 2009 is approximately
$4,906,275. In making this estimate,
staff conservatively assumes that all
dealers will purchase preprinted forms
instead of producing them internally,
although dealers may produce them at
minimal expense using current office
automation technology. Capital and
start-up costs associated with the Rule
are minimal.
David C. Shonka,
Acting General Counsel.
[FR Doc. 2010–33110 Filed 12–30–10; 8:45 am]
BILLING CODE 6750–01–P
DEPARTMENT OF HEALTH AND
HUMAN SERVICES
Meeting of the Advisory Committee on
Minority Health; Correction
AGENCY: Office of Minority Health,
Office of the Assistant Secretary for
Health, Office of the Secretary,
Department of Health and Human
Services.
ACTION:
Notice: Correction.
SUMMARY: The Department of Health and
Human Services published a notice in
the Federal Register of December 21,
2010 announcing a meeting of the
Advisory Committee on Minority
Health. It was announced that this
meeting would be held on Monday,
January 10, 2011 from 9 a.m. to 5 p.m.
and Tuesday, January 11, 2011 from 9
a.m. to 1 p.m. Due to unforseen
circumstances the meeting date has
been changed.
FOR FURTHER INFORMATION CONTACT: Ms.
Monica A. Baltimore, Phone: 240–453–
2882 Fax: 240–453–2883.
Correction
In the Federal Register of December
21, 2010, Vol. 75, No. 244, on page
80055, in the 2nd column, correct the
DATES caption to read:
The meeting will be held on Monday,
February 21, 2011 from 9 a.m. to 5 p.m. and
Tuesday, February 22, 2011 from 9 a.m. to 1
p.m.
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Agencies

[Federal Register Volume 76, Number 1 (Monday, January 3, 2011)]
[Notices]
[Pages 144-146]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: 2010-33110]
=======================================================================
-----------------------------------------------------------------------
FEDERAL TRADE COMMISSION
Agency Information Collection Activities; Submission for OMB
Review; Comment Request; Extension
AGENCY: Federal Trade Commission (``FTC'' or ``Commission'').
ACTION: Notice.
-----------------------------------------------------------------------
SUMMARY: The information collection requirements described below has
been submitted to the Office of Management and Budget (``OMB'') for
review, as required by the Paperwork Reduction Act (``PRA''). The FTC
is seeking public comments on its proposal to extend through February
28, 2014, the current clearance under OMB Control Number 3084-0108 for
information collection requirements contained in its Used Motor Vehicle
Trade Regulation Rule (``Used Car Rule'' or ``Rule''). That clearance
expires on February 28, 2011.
DATES: Comments must be filed by February 2, 2011.
ADDRESSES: Interested parties are invited to submit written comments
electronically or in paper form by following the instructions in the
Request for Comments part of the SUPPLEMENTARY INFORMATION section
below. Comments in electronic form should be submitted by using the
following Web link: https://ftc.public.commentworks.com/ftc/UsedCarRulePRA2 (and following the instructions on the Web-based form).
Comments filed in paper form should be mailed or delivered to the
following address: Federal Trade Commission, Office of the Secretary,
Room H-135 (Annex J), 600 Pennsylvania Avenue, NW., Washington, DC
20580, in the manner detailed in the SUPPLEMENTARY INFORMATION section
below.
FOR FURTHER INFORMATION CONTACT: Requests for additional information
should be addressed to John C. Hallerud, Attorney, Midwest Region,
Federal Trade Commission, 55 West Monroe, Suite 1825, Chicago, Illinois
60603, (312) 960-5634.
SUPPLEMENTARY INFORMATION: The Used Car Rule facilitates informed
purchasing decisions by requiring used car dealers to disclose
information about warranty coverage, if any, and the mechanical
condition of used cars that they offer for sale. The Rule requires that
used car dealers display a form called a ``Buyers Guide'' on each used
car offered for sale that, among other things, discloses information
about warranty coverage.
Request for Comments
Under the Paperwork Reduction Act (``PRA''), 44 U.S.C. 3501-3521,
Federal agencies must obtain approval from
[[Page 145]]
OMB for each collection of information they conduct or sponsor.
``Collection of information'' means agency requests or requirements
that members of the public submit reports, keep records, or provide
information to a third party. 44 U.S.C. 3502(3); 5 CFR 1320.3(c). As
required by section 3506(c)(2)(A) of the PRA, the FTC is providing this
opportunity for public comment before requesting that OMB extend the
existing paperwork clearance for the regulations noted herein.
Comments should refer to ``Used Car Rule: FTC File No. P067609'' to
facilitate the organization of comments. Please note that your comment
B including your name and your State B will be placed on the public
record of this proceeding, including on the publicly accessible FTC Web
site, at http://www.ftc.gov/os/publiccomments.shtm.
Because comments will be made public, they should not include any
sensitive personal information, such as any individual's Social
Security Number; date of birth; driver's license number or other State
identification number, or foreign country equivalent; passport number;
financial account number; or credit or debit card number. Comments also
should not include any sensitive health information, such as medical
records or other individually identifiable health information. In
addition, comments should not include ``[t]rade secret or any
commercial or financial information which is obtained from any person
and which is privileged or confidential'' as provided in Section 6(f)
of the Federal Trade Commission Act (``FTC Act''), 15 U.S.C. 46(f), and
FTC Rule 4.10(a)(2), 16 CFR 4.10(a)(2). Comments containing matter for
which confidential treatment is requested must be filed in paper form,
must be clearly labeled ``Confidential,'' and must comply with FTC Rule
4.9(c).\1\
---------------------------------------------------------------------------
\1\ The comment must be accompanied by an explicit request for
confidential treatment, including the factual and legal basis for
the request, and must identify the specific portions of the comment
to be withheld from the public record. The request will be granted
or denied by the Commission's General Counsel, consistent with
applicable law and the public interest. See FTC Rule 4.9(c), 16 CFR
4.9(c).
---------------------------------------------------------------------------
Because paper mail addressed to the FTC is subject to delay due to
heightened security screening, please consider submitting your comments
in electronic form. Comments filed in electronic form should be
submitted using the following Web link https://ftc.public.commentworks.com/ftc/UsedCarRulePRA2 (and following the
instructions on the Web-based form). To ensure that the Commission
considers an electronic comment, you must file it on the Web-based form
at the Web link https://ftc.public.commentworks.com/ftc/UsedCarRulePRA2. If this Notice appears at http://www.regulations.gov/search/index.jsp, you may also file an electronic comment through that
Web site. The Commission will consider all comments that
regulations.gov forwards to it.
All comments should additionally be sent to OMB. Comments may be
submitted by U.S. Postal Mail to: Office of Information and Regulatory
Affairs, Office of Management and Budget, Attention: Desk Officer for
Federal Trade Commission, New Executive Office Building, Docket
Library, Room 10102, 725 17th Street, NW., Washington, DC 20503.
Comments, however, should be submitted via facsimile to (202) 395-5167
because U.S. Postal Mail is subject to lengthy delays due to heightened
security precautions.
The FTC Act and other laws that the Commission administers permit
the collection of public comments to consider and use in this
proceeding as appropriate. The Commission will consider all timely and
responsive public comments that it receives, whether filed in paper or
electronic form. Comments received will be available to the public on
the FTC Web site, to the extent practicable, at http://www.ftc.gov/os/publiccomments.shtm. As a matter of discretion, the FTC makes every
effort to remove home contact information for individuals from the
public comments it receives before placing those comments on the FTC
Web site. More information, including routine uses permitted by the
Privacy Act, may be found in the FTC's privacy policy, at http://www.ftc.gov/ftc/privacy.shtm.
Burden Statement
On October 12, 2010, the FTC sought comment on the information
collection requirements associated with the Rule, 16 CFR part 455. 75
FR 62538. No comments were received. Accordingly, the FTC retains its
previously published burden estimates.
Estimated total annual hours burden: 1,974,589 hours.
The Rule has no recordkeeping requirements. The estimated burden
relating solely to disclosure requirements is 1,974,589 hours. As
explained in more detail below, this estimate is based on the number of
used car dealers (53,735 \2\), the number of used cars sold by dealers
annually (approximately 24,531,374 \3\), and the time needed to fulfill
the information collection tasks required by the Rule.\4\
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\2\ CNW Marketing Research, Inc. As of July 2010, CNW lists
15,631 new vehicle franchised outlets with used car operations and
38,104 independent used car outlets, for a total of 53,735 used car
dealers.
\3\ Id. This figure reflects total used car sales by franchised
and independent dealers in 2009, the most recent complete annual
figures available.
\4\ Some dealers opt to contract with outside contractors to
perform the various tasks associated with complying with the Rule.
Staff assumes that outside contractors would require about the same
amount of time and incur similar cost as dealers to perform these
tasks. Accordingly, the hour and cost burden totals shown, while
referring to ``dealers,'' incorporate the time and cost borne by
outside companies in performing the tasks associated with the Rule.
In addition, the time estimates that follow repeat those that the
FTC published in the 2007 PRA clearance renewal-related Federal
Register notices (72 FR 46487 (Aug. 20, 2007); 72 FR 71911 71912
(Dec. 19, 2007)) without receiving public comment. Absent
prospective specific industry estimates to the contrary, staff will
continue to apply these estimates, which staff believes are
reasonable.
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The Rule requires that used car dealers display a one-page, double-
sided Buyers Guide on each used car that they offer for sale. The
component tasks associated with the Rule's required display of Buyers
Guides include: (1) Ordering and stocking Buyers Guides; (2) entering
data on Buyers Guides; (3) displaying the Buyers Guides on vehicles;
(4) revising Buyers Guides as necessary; and (5) complying with the
Rule's requirements for sales conducted in Spanish.
1. Ordering and Stocking Buyers Guides: Dealers should need no more
than an average of two hours per year to obtain Buyers Guides, which
are readily available from many commercial printers or can be produced
by an office word-processing or desk-top publishing system.\5\ Based on
a population of 53,735 dealers, the annual hours burden for producing
or obtaining and stocking Buyers Guides is 107,470 hours.
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\5\ Buyers Guides are also available online from the FTC's Web
site, http://www.ftc.gov, as links to A Dealer's Guide to the Used
Car Rule at http://www.ftc.gov/bcp/edu/pubs/business/autos/bus13.shtm.
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2. Entering Data on Buyers Guides: The amount of time required to
enter applicable data on Buyers Guides may vary substantially,
depending on whether a dealer has automated the process. For used cars
sold ``as is,'' copying vehicle-specific data from dealer inventories
to Buyers Guides and checking the ``No Warranty'' box may take two to
three minutes per vehicle if done by hand, and only seconds for those
dealers who have automated the process or use pre-printed forms. Staff
estimates that this task will require an average of two minutes per
Buyers Guide. Similarly, for used cars sold under warranty, the time
required to check the ``Warranty'' box and to add warranty information,
such as the
[[Page 146]]
additional information required in the Percentage of Labor/Parts and
the Systems Covered/Duration sections of the Buyers Guide, will depend
on whether the dealer uses a manual or automated process or Buyers
Guides that are pre-printed with the dealer's standard warranty terms.
Staff estimates that these tasks will take an average of one additional
minute, i.e., cumulatively, an average total time of three minutes for
each used car sold under warranty.
Staff estimates that approximately fifty percent of used cars sold
by dealers are sold ``as is,'' with the other half sold under warranty.
Therefore, staff estimates that the overall time required to enter data
on Buyers Guides consists of 408,856 hours for used cars sold without a
warranty (24,531,374 vehicles x 50% x 2 minutes per vehicle) and
613,284 hours for used cars sold under warranty (24,531,374 vehicles x
50% x 3 minutes per vehicle) for a cumulative estimated total of
1,022,140 hours.
3. Displaying Buyers Guides on Vehicles: Although the time required
to display the Buyers Guides on each used car may vary substantially,
FTC staff estimates that dealers will spend an average of 1.75 minutes
per vehicle to match the correct Buyers Guide to the vehicle and to
display it on the vehicle. The estimated burden associated with this
task is approximately 715,498 hours for the 24,531,374 vehicles sold in
2009 (24,531,374 vehicles x 1.75 minutes per vehicle).
4. Revising Buyers Guides as Necessary: If negotiations between the
buyer and seller over warranty coverage produce a sale on terms other
than those originally entered on the Buyers Guide, the dealer must
revise the Buyers Guide to reflect the actual terms of sale. According
to the original rulemaking record, bargaining over warranty coverage
rarely occurs. Staff notes that consumers often do not need to
negotiate over warranty coverage because they can find vehicles that
are offered with the desired warranty coverage online or in other ways
before ever contacting a dealer. Accordingly, staff assumes that the
Buyers Guide will be revised in no more than two percent of sales, with
an average time of two minutes per revision. Therefore, staff estimates
that dealers annually will spend approximately 16,354 hours revising
Buyers Guides (24,531,374 vehicles x 2% x 2 minutes per vehicle).
5. Spanish Language Sales: The Rule requires that contract
disclosures be made in Spanish if a sale is conducted in Spanish.\6\
The Rule permits displaying both an English and a Spanish language
Buyers Guide to comply with this requirement.\7\ Many dealers with
large numbers of Spanish-speaking customers likely will post both
English and Spanish Buyers Guides to avoid potential compliance
violations.
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\6\ 16 CFR 455.5.
\7\ Id.
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Calculations from United States Census Bureau surveys indicate that
approximately 6.5 percent of the United States population speaks
Spanish at home, without also speaking fluent English.\8\ Staff
therefore projects that approximately 6.5 percent of used car sales
will be conducted in Spanish. Dealers will incur the additional burden
of completing and displaying a second Buyers Guide in 6.5 percent of
sales assuming that dealers choose to comply with the Rule by posting
both English and Spanish Buyers Guides. The annual hours burden
associated with completing and posting Buyers Guides is 1,737,638 hours
(1,022,140 hours for entering data on Buyers Guides plus 715,498 hours
for displaying Buyers Guides). Therefore, staff estimates that the
additional burden caused by the Rule's requirement that dealers display
Spanish language Buyers Guides when conducting sales in Spanish is
112,947 hours (1,737,638 hours x 6.5%). The other components of the
annual hours burden, i.e., purchasing Buyers Guides and revising them
for changes in warranty coverage, remain unchanged.
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\8\ U.S. Census Bureau, Table S1601. Language Spoken at Home.
2008 American Community Survey 1-Year Estimates, available at:
http://factfinder.census.gov/servlet/STTable?_bm=y&-qr_name=ACS_2008_1YR_G00_S1601&-geo_id=01000US&-ds_name=ACS_2008_1YR_G00_&-_lang=en&-redoLog=false&-CONTEXT'st. The table indicates
that 12.2% of the United States population 5 years or older speaks
Spanish or Spanish Creole in the home and 46.7% of these in-home
Spanish speakers speak English less than ``very well.''
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Estimated annual cost burden: $26,301,525 in labor costs and
$4,906,275 in non-labor costs.
1. Labor costs: Labor costs are derived by applying appropriate
hourly cost figures to the burden hours described above. Staff has
determined that all of the tasks associated with ordering forms,
entering data on Buyers Guides, posting Buyers Guides on vehicles, and
revising them as needed, including the corresponding tasks associated
with Spanish Buyers Guides, are typically done by clerical or low-level
administrative personnel. Using a clerical cost rate of $13.32 per hour
\9\ and an estimated burden of 1,974,589 hours for disclosure
requirements, the total labor cost burden would be approximately
$26,301,525.
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\9\ The hourly rate is based on Bureau of Labor Statistics
estimate of the mean hourly wage for office clerks, general.
Occupational Employment and Wages, May 2009, available at http://www.bls.gov/oes/current/oes439061.htm#nat.
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2. Capital or other non-labor costs: Although the cost of Buyers
Guides can vary considerably, based on industry input staff estimates
that the average cost of each Buyers Guide is twenty cents. The
estimated cost of Buyers Guides for the 24,531,374 used cars sold by
dealers in 2009 is approximately $4,906,275. In making this estimate,
staff conservatively assumes that all dealers will purchase preprinted
forms instead of producing them internally, although dealers may
produce them at minimal expense using current office automation
technology. Capital and start-up costs associated with the Rule are
minimal.
David C. Shonka,
Acting General Counsel.
[FR Doc. 2010-33110 Filed 12-30-10; 8:45 am]
BILLING CODE 6750-01-P